In just 8 months, the digital switchover will be complete. But what are the risks if you fail to properly prepare for this? We explain how the decisions you make now could expose your organisation to liability issues, regulatory concerns and financial consequences.
Protecting vulnerable residents has rightly been the central focus ahead of the switchover. Their safety is paramount. But you also can't afford to ignore the risks to your organisation as you navigate this change.
We asked Max Wurr, Legal & Compliance Director at Appello, what housing providers need to think about to protect themselves ahead of the digital switchover.
1. Legal liability – can you defend your decisions in court?
“There are many ways a housing provider could end up being liable if they make the wrong decisions or fail to act at all, knowing what's coming,” says Max.
While the digital switchover hasn't introduced new legislation for housing providers, this doesn't mean you don't have to do anything. The landscape in which existing laws operate has changed, so you will be expected to have adapted accordingly.
“The normal principles of negligence will apply,” explains Max. “As a housing provider, you have a duty of care to your residents, an obligation to take necessary action to prevent harm. You're expected to foresee and make reasonable decisions based on what you know is happening.”
When it comes to ‘foreseeability’, there’s been widespread communication flagging potential switchover issues from the government, industry bodies and network operators. There's also been a well-documented rise in first time call failures.
“We know that's happening and we know it's going to continue happening,” says Max. “It's incumbent on providers to assess the risk and then make conscious and defendable decisions about how that’s managed.”
Importantly, doing nothing is not a neutral stance. Responsibility will generally fall on the entity who commissioned the technology or chose to keep existing systems in place. You need to be able to demonstrate your strategy.
“It's about asking the question: could I see this coming?” says Max. “If so, have I then done all I can to understand the situation and take the necessary decisions? Is the system fit for purpose? If the answer is no and something happens, then the issue of liability will arise.”
2. Regulatory questions – have you met industry standards?
“In an industry where safety is critical, following standards demonstrates a commitment to doing things the right way,” says Max.
British Standards are developed by industry experts through a rigorous process of collaboration and review, ensuring the reliability of products and services.
“They're not in themselves law, you won’t be prosecuted for a breach of standards. But they’re a benchmark for reasonable behaviour and how this will be judged if something goes wrong.”
This means they’ll be taken into account by the coroner's court, regulators or insurers to determine whether you've acted responsibly and reasonably.
“They’re going to ask: ‘Why didn't you adhere to the British Standard?’ If the answer is because you didn't feel like it or it was too expensive, that's not going to go down well,” says Max.
This doesn't mean there’s no room to deviate. “There may be situations where you can say we don't think the standard is the correct measure of quality. But you better have an explanation and evidence for that,” explains Max. “In most cases, you might as well follow the British Standard because that's what it's there for."
3. Financial risks – could a move to dispersed alarms impact rents?
“Rents for Specialist Supported Housing (SSH) can sometimes be twice as much or more than other social housing. It's obviously critical boards and budget holders know they're not at risk of slipping from that status,” says Max.
Specialist Supported Housing (SSH) must meet a number of criteria, including offering a high level of support in a designed or structurally altered environment. This raises a potential classification issue if you replace hardwired telecare systems with dispersed alarms as an interim switchover solution. That's because dispersed alarms are viewed as ‘portable equipment’ and therefore don't involve structural adaptation in the same way hardwired systems do.
“It's not as straightforward as saying that if we switch everyone to dispersed alarms, we'll lose our SSH status,” explains Max. “However, it's one of the things that will be taken into account by regulators, auditors or local authorities. While the technology choices don't determine your SSH status, they can affect how robustly that status can be defended if it's under scrutiny.”
How the right decisions now protect everyone
The way you deal with the digital switchover matters for both your residents' safety and to your organisation as a whole.
“Hoping for the best is not enough,” says Max. “You've got to take positive action. It's about informing yourself and then making sensible decisions.”
Above all else, it's about asking what's in the best interests of the people who rely on your services.
“If liability doesn't frighten you, if losing accreditations and contracts doesn't frighten you, then vulnerable people being injured or worse on your watch should do,” notes Max. “The technology is changing, there's nothing we can do about that, but there's still time to do this in a way that protects people and ensures they get the level of care and security they deserve.”
Not sure whether your switchover plans cover all the risks? Talk to our team for an honest assessment to protect your organisation and your residents.
You can find more details on the issue of first time call failures in our latest guide, which is available to download now
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